Quote:
Originally posted by $5 submissions
In your case, there appears to be no Assault because 1) the attempt SUCCEEDED and 2) there are no facts to suggest that they were put in apprehension of receiving an immediate battery.
So in your case, it is battery. Now the only question is whether it is an AGGRAVATED form of battery which may result in a stiffer sentence.
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very good, was wondering if you would catch that or not. there is no assault